N244 Example ws5 PDF

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Example of a completed N244 form...

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Application notice For help in completing this form please read the notes for guidance form N244 Notes. Find out how HM Courts and Tribunals Service uses personal information you give them when you fill in a form: https://www.gov.uk/government/organisations/hmcourts-and-tribunals-service/about/personalinformation-charter

In the HIGH COURT OF JUSTICE, QUEEN'S BENCH DIVISION [REFERENCE FROM CLAIM Claim no. FORM] Help with Fees – Ref. no. Fee account no. (if applicable) (if applicable) H W F Warrant no. (if applicable) Claimant's name (including ref.)

A LIMITED (REFERENCE: ABC)

Defendant's name (including ref.)

B LIMITED (REFERENCE: DEF)

Date

[INSERT DATE]

1. What is your name or, if you are a solicitor, the name of your firm? GHI Solicitors (REFERENCE: DEF)

2. Are you a

[ ] Claimant

[ ] Defendant

[X] Legal Representative

[ ] Other (please specify) If you are a solicitor whom do you represent?

The defendant

3. What order are you asking the court to make and why? An order for a 28-day extension of time for the filing and service of the defence until 4.30 pm on [DATE] because the defendant is not yet in a position to finalise, file and serve its defence.

4. Have you attached a draft of the order you are applying for?

[X] Yes

[ ] No

5. How do you want to have this application dealt with?

[X] at a hearing[ ] without a hearing [ ] at a telephone hearing

6. How long do you think the hearing will last?

[

Is this time estimate agreed by all parties?

-

] Hours [10-15] Minutes

[ ] Yes

[X] No

7. Give details of any fixed trial date or period

-

8. What level of Judge does your hearing need?

Master

9. Who should be served with this application?

The claimant's solicitors (The defendant’s solicitors will serve)

9a. Please give the service address, (other than details of the N244 Application notice (08.18) © Crown copyright 2018 This form is reproduced from http://hmctsformfinder.justice.gov.uk/HMCTS/FormFinder.do and is subject to Crown copyright protection. Contains public sector information licensed under the Open Government Licence v4.0

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claimant or defendant) of any party named in question 9.

10. What information will you be relying on, in support of your application? [ ] the attached witness statement [ ] the statement of case [X] the evidence set out in the box below If necessary, please continue on a separate sheet. The parties exchanged pre-action correspondence in compliance with the Practice direction on pre-action conduct and protocols. On [date], the claimant sent my firm the unissued particulars of claim. This was some 12 weeks ago. Five (5) weeks later, on [date] even though negotiations were ongoing, the claimant issued and served the claim form together with the particulars of claim. The particulars of claim as served were in substantially the same form as those in the document previously sent informally. We acknowledged service on behalf of the defendant and indicated the defendant's intention to defend. We sought, and the claimant agreed, pursuant to CPR 15.5(1), a 28-day extension of time for service of the defence. That extension of time expires on [DATE]. We have asked the claimant to consent to a further 28-day extension of time for service of the defence to [DATE] but this has been refused (see attached correspondence between my firm and JLK solicitors, who act for the claimant, variously dated between [DATE OF FIRST PIECE OF CORRESPONDENCE] and [DATE OF LAST PIECE OF CORRESPONDENCE]. The defendant requires the further 28 days in which to finalise and serve the defence because this is a complex highvalue matter involving serious allegations against some of the defendants' senior personnel, and we have not yet been able to speak with all of the relevant witnesses. Extending time now is likely to save the time and cost of having to amend the defence at a later stage. ____________________________________________________ Statement of Truth The applicant believes that the facts stated in this section (and any continuation sheets) are true. Signed J Smith_____________________Dated [INSERT] _______________________________________________ Applicant's Legal Representative Full name JOHN SMITH___________________________________________________________________________ Name of applicant's legal representative's firm: GHI SOLICITORS__________________________________________ Position or office held _____________________________________________________________________________ (if signing on behalf of firm or company)

11. Signature and address details Signed J Smith _________________Dated [INSERT]________________________________ Applicant('s Legal Representative)('s litigation friend) Position or office held_______________________________________________________________________ (if signing on behalf of firm or company) Applicant's address to which documents about this application should be sent J Smith, GHI Solicitors, No.1, Any Street, Anytown. If applicable [INSERT] Phone no. Postcode [INSERT] Fax no. A N 1 2 Y T 3 [INSERT] DX no. Ref no.

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DEF

E-mail address

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